Notes

Political Participation

After Embaló declared himself to be president in February 2020, it was only in September 2020 that the Supreme Court dismissed the opposition’s appeal disputing the election results, following an intransparent process. This has led to doubts about the impartiality of the electoral commission, the registration of voters and polling procedures, as well as the fairness of media access. However, according to the U.S. State Department, international observers considered all elections in the 2019 cycle to be free and fair.

The opposition has accused the National Election Commission of partiality. In the period under review, voter registration started with much delay in December 2022 – after the parliament had already been dissolved in May 2022. Should the legislative elections finally take place in June 2023, the country would have been without a parliament for more than one year, thus violating the constitution.

The role of the military in the alleged coup attempt of February 2022 remained unclear, and rumors about a pending putsch had emerged as early as October 2021. It appears that military figures like António Indjai and José Américo Bubo NaTchuto have found more subtle ways of accessing political power, as opposed to the coups of the past. While military interference no longer plays out in an open fashion, many people in Guinea-Bissau still think that the military remains influential behind the scenes.

Guinea-Bissau’s constitution and legal framework guarantee freedom of assembly and association. Formally, the government generally respects freedom of association. In the past, security forces met peaceful demonstrations with force and even prohibited demonstrations. During the review period, the justice department and the police repeatedly prevented the PAIGC from holding its congress, which finally took place with much delay in November 2022. In March 2021 the police fired tear gas at thousands of people who welcomed PAIGC leader Domingos Simões Pereira when he returned from exile. A demonstration by school students in front of the main government building in January 2021 was violently dissolved by the police. Since the beginning of the pandemic, critics have voiced that anti-COVID-19 measures were used by the government to restrict assembly rights. Anti-COVID-19 measures were also used to forbid PAIGC from holding its congress in 2022, but this was clearly a case of political harassment. Legal provisions thus limited social gatherings, which represents a curtailment of the right of assembly. The first massive demonstration without repression by security forces was organized by education and health professionals in September 2022.

The opposition has accused the National Election Commission of partiality. In the period under review, voter registration started with much delay in December 2022 – after the parliament had already been dissolved in May 2022. Should the legislative elections finally take place in June 2023, the country would have been without a parliament for more than one year, thus violating the constitution

In April 2022, the government revoked the licenses of 79 radio stations for allegedly not having paid license fees; the Bissau-Guinean Human Rights League criticized that there was no legal basis for the decision and that the competent government authority had not been involved. The radio stations were allowed to go on air again in July 2022. According to the league, the decision had been driven by political motivations. Political discourse that encouraged the division of the population blossomed. Both opposition politicians, journalists and human rights activists repeatedly pointed to the severe deterioration of freedom of expression and the right of political participation while the Network of Human Rights Defenders spoke of a “climate of terror.”

Rule of Law

The dissolution of the parliament in May 2022 was due to the fact that the members of parliament refused to discuss a constitutional revision proposal presented by the head of state; also, the government was asked by the parliament to clarify the presence of ECOWAS troops in the country, and the dissolution made it possible never to render accounts. Additionally, the setting of a very late election date – far beyond the constitution’s provisions – demonstrated a clear imbalance between the (silenced) legislative and executive powers.

In June 2020, President Embaló called the judges of the Supreme Court “corrupts” and “bandits” after six of the seven judges stated their intention to discuss the presidential election case put forward by opposition leader Domingos Simões Pereira. In doing so, Embaló underlined his disrespect for the rule of law. In February 2021, the military, supposedly acting on behalf of the president, occupied the seat of the Bissau-Guinean bar association in the capital. Yet, a court ruled that the government had to return the building to the association. Critics interpreted the action as an attempt by the government to intimidate the lawyers’ association.

Public officeholders who benefit illegally from their positions are rarely held accountable by legal prosecution when they break the law and engage in corrupt practices. This concerns all the top government officials, including the president, but also minor-rank public officeholders. Public contempt depends on relatedness and the reputation of the officeholder.

The dissolution of the parliament in May 2022 was due to the fact that the members of parliament refused to discuss a constitutional revision proposal presented by the head of state; also, the government was asked by the parliament to clarify the presence of ECOWAS troops in the country, and the dissolution made it possible never to render accounts. Additionally, the setting of a very late election date – far beyond the constitution’s provisions – demonstrated a clear imbalance between the (silenced) legislative and executive powers

Generally, civil rights are codified in Guinea-Bissau. However, fundamental rights are only partially respected in practice. The police forces in particular have repeatedly been accused of torture and using excessive force, although this is not a mass phenomenon. Mechanisms and institutions for prosecuting, punishing and redressing violations of civil rights are in place, but they are not consistently effective. Conditions in the few prisons can be harsh. Discrimination based on sexual orientation is usually not an issue. Especially in areas dominated by Islam and customary law, women do not enjoy the same rights as men.

Stability of Institutions

During the review period, the parliament continued to oppose government politics and was ultimately dissolved in May 2022 by the president who cited disagreements over his intended constitutional reform as the main reason. First scheduled to unconstitutionally take place on December 18, 2022, the elections were repeatedly postponed and ultimately set to take place on June 4, 2023.

In October 2020, he described himself as the only constitutional institution that possessed popular legitimacy – while admitting that a separation of powers existed. Embaló has repeatedly stated that he was “in charge” and that all other powers were answerable to him. These statements run counter to constitutional provisions, which state that the government is answerable to the parliament and that the head of state has no executive powers. However, President Embaló claims executive duties for himself. For instance, he heads cabinet meetings, not the prime minister. The president also did minor cabinet reshuffles at his will. Local governments independent of central state institutions do not exist.

Notably, former Prime Minister Aristedes Gomes feared for his life after he had been returned from exile in November 2022 and was subsequently searched by the police while attending the PAIGC congress. PAIGC and its leader are the targets of constant harassment. For example, the party was prevented from holding congresses. Domingos Simões Pereira has been banned from traveling without any justification. The multiparty system was also challenged when the Supreme Court closed 14 minor parties in November 2022 as they had reportedly failed to prove that they existed. Thus, in contrast to previous years, since 2020, opposition and critical voices are increasingly regarded as illegitimate, and Umaro Sissoko Embaló acts arbitrarily in all political affairs.

Political and Social Integration

Guinea-Bissau features both a wide range of political parties and a highly differentiated civil society. The country also features a variety of trade unions – organized into at least two federations, the main platform dating back to the times of the one-party state – and professional organizations that pay lip service to fighting for better working conditions and salaries. Yet, because most formal employment is in the state sector and the financial resources of the state are very limited, the results of trade union activities are limited.

Civil society structures with different typologies develop relevant social roles in neighborhoods and villages, such as organizing lectures, supporting schools and covering community needs. However, tensions have risen since Embaló’s assumption of office, particularly when, in January 2022, the president caused controversy when he warned the Catholic bishop of Bissau, José Lampra Cá, to interfere in politics. A priest who publicly defended the bishop received death threats. In July 2022, a church was vandalized by unknown perpetrators in the mainly Muslim town of Gabu. Yet, civil society expressed broad support for the affected community. Civil society mobilizes around common causes confronting political power. A glaring example of this is the Guinean Human Rights League, which, for its initiatives, has suffered harassment from the security structures under President Embaló.